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CITY OF CITY
COUNCIL MEETING A-2009-R-18 CITY COUNCIL CHAMBERS
OCTOBER 5, 2009 5:30 P.M.
Persons with disabilities who plan to attend this
meeting and who may need auxiliary aid or services are requested to contact
Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days
prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible
parking spaces are located at City Hall, Out of
consideration for all attendees of the City Council meetings, please turn off
all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration. I.
CALL TO ORDER II.
PLEDGE OF ALLEGIANCE III.
ROLL CALL IV.
MINUTES Approval of the minutes of September
21, 2009 V.
COMMUNICATIONS AND RECOGNITIONS Recognitions a. Recognizing Ruthe B. Cowl
Rehabilitation Center on their 50th Anniversary Celebration. Communiqués Citizen comments Citizens are required to fill out a witness card
and identify themselves at the microphone.
Comments should be relevant to City business and delivered in a
professional manner. No derogatory
remarks will be permitted. There is a
time limit of three minutes per speaker. VI.
APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES VII.
PUBLIC HEARINGS 1.
Public hearing and introductory ordinance amending Chapter 11 entitled (Electricity) of the Code of
Ordinance of the City of Laredo by amending Section 11-2, of the Laredo Code
of Ordinances by adopting with modification and amendments, the 2008 edition
of the National Electrical Code of the National Fire Protection Association,
Inc.; deleting sections 11-6, 11-23, 11-25, 11-27, 11-61, 11-64; modifying
sections 11-4, 11-7, 11-22, 11-43; amending section 11-24 registration fees
for contractors; amending section 11-44 basis fees from $20.00 to $25.00 and
re-inspection fees from $10.00 to $50.00; adding section 11-65 providing a
penalty not to exceed $2,000.00; providing a saving clause; providing severability
clauses; and providing an effective date. (Approved by
Operations & Finance Committees) 2.
Public hearing and introductory ordinance amending the City of Laredo Health Department FY2009-2010
annual budget by authorizing the City Manager to accept, execute and
appropriate revenues and expenditures for the continuation of the Women,
Infants and Children (WIC) Program in funds not to exceed a total of
$4,552,528.00 ($4,133,295.00 (6008) and $419,233.00 (6009)) from the Texas
Department of State Health Services beginning October 1, 2009 through
September 30, 2010; and amending the FY 2009-2010 City of Laredo full-time
equivalent positions by adding one (1) full-time equivalent breastfeeding
peer lay educator position with benefits (226-6008) and one (1) full-time
equivalent nutritionist position with benefits (226-6009). (Approved
by Finance Committee) 3.
Public hearing and introductory ordinance amending the City of Laredo Health Department FY
2009-2010 annual budget by authorizing the City Manager to accept, execute
and appropriate revenues and expenditures in the amount of $40,000.00 for the
Texas Mexico Bi-National Solid Waste Reduction and Vector Control Border 2012
grant to provide prevention, disease control, and health promotion activities
from the Border Environment Cooperation Commission for the term period of October
1, 2009 through March 31, 2011. (Approved by Finance
Committee) 4.
Public hearing and introductory ordinance amending the City of Laredo 2009-2010 budget by
appropriating revenues and expenditures in the amount of $300,000.00. The United States Section of the
International Boundary and Water Commission (USIBWC) agreed to give the City
of Laredo a contribution in the amount of $250,000.00 and the City of Nuevo
Laredo, Tamp. agreed to give a contribution in the amount $50,000.00 for the
Rio Grande Low Water Weir Project. (Approved by Finance
Committee) 5.
Public hearing and introductory ordinance amending the City of Laredo FY 2010 Airport Construction
Budget to recognize additional revenues from a grant received from the
Federal Aviation Administration Airport Improvement Program Grant Project No.
3-48-0136-057-09 in the amount of $3,092,510.00 to rehabilitate General
Aviation Apron Phase 4, Rehabilitate Runway 17R/35L edge lights, signs, upgrade
electrical vault to include replacing regulators and emergency power
generator(s), rehabilitate edge lights at Runway 17L and Taxiway J and
engineering work to extend Runway 17R/35L at the Laredo International Airport
and appropriating said grant revenue to the appropriate revenue and
expenditure accounts and authorizing the City Manager to implement said
budget amendment. The City’s local
match in the amount of $163,764.00 (5%) is available through the land
purchased in FY2006 (Rash Tract). (Approved by Operations
& Finance Committees) (Recess) (Press Availability) VIII. INTRODUCTORY
ORDINANCES 6.
Setting the maximum speed limits on that portion of Shiloh Drive
between IH 35 and McPherson Avenue, within the City limits of Laredo, Webb
County, Texas, as 40 MPH, as defined in the control section map provided by
the City of Laredo, Traffic Safety Department. (Approved by
Operations Committee) 7.
Authorizing the City Manager to convey a 15 foot easement to AEP for an
overhead power line from Las Peñitas Road through the City’s 30 acre site for
the Peñitas Wastewater Treatment Plant in order for AEP to provide electric
service for the plant, copy of which easement is attached as Exhibit 1, and
copy of the location of the power pole is shown on Exhibit A of Exhibit 1;
and providing for an effective date. (Approved by Operations
Committee) 8.
Amending Ordinance No.
2007-O-016 providing for a lease agreement by and between the Laredo Transit
Management, Inc. and the City of Laredo Department of Community Development
by increasing the leased space at the Laredo Transit Center located at 1301
Farragut by 1,016 sq. ft. from 6,628 sq. ft. to 7,644 sq. ft. for a monthly
sum of $5,289.65 and increasing the Community Development’s prorated share of
the electric and water bills from 20% to 25% for the remaining term of the
existing lease that expires February 2010. All other terms of the agreement
will remain the same. This action is
contingent upon the continued availability of grant funding and as a result
of recently funded programs through the American Reinvestment and Recovery
Act (ARRA). (Approved by Finance Committee) IX.
FINAL 9.
2009-O-169 Amending the City of Laredo
Health Department FY 2008-2009 annual budget by authorizing the City Manager
to accept, execute and appropriate revenues and expenditures in the amount of
$258,965.00 from the Texas Department of State Health Services for Public
Health Emergency Response (PHER) to provide pandemic planning for prevention,
disease control, health promotion and risk communication activities for the
term period September 15, 2009 through July 31, 2010; and amending the FY
2008-2009 City of Laredo full-time equivalent positions by adding three (3)
full-time positions with benefits. 2009-O-170 Amending the City of Laredo
Health Department FY 2008-2009 annual budget by authorizing the City Manager
to accept, execute and appropriate revenues and expenditures in the amount of
$150,000.00 for continuation of the Office of Border Health-Early Warning
Infectious Disease Surveillance (EWIDS) grant to continue to provide
prevention, disease control, and health promotion activities from the Texas
Department of State Health Services for the term period of August 1, 2009
through July 31, 2010. 2009-O-171 Amending the City of Laredo
2008-2009 Annual Budget by appropriating revenues and expenditures in the
amount of $139,813.00 and accepting a grant award in same amount from the
Bureau of Justice Assistance. The Office of Justice Programs, Bureau of
Justice Assistance is contributing the full grant amount of $139,813.00 with
no match amount obligated to the City of Laredo. The City of Laredo and
Webb County will each receive $69,906.50. The City of Laredo will
utilize this funding for the purchase of equipment for Homeland Security
purposes by the Laredo Police Department for the period of October 1, 2008
through September 30, 2012. 2009-O-172 Authorizing the City Manager
to amend the City of Laredo’s FY 2008-2009 Transit System’s Capital Grant
Budget by $475,709.00. Ten (10%) percent of the capital funds from the
Federal Transit Administration American Recovery and Reinvestment Act (ARRA)
Grant TX-96-X001 will be used to fund El Metro’s Operating Expenses. 2009-O-173 Amending Chapter 19 Motor Vehicles and Traffic, Articles VIII, stopping, standing or parking, Section 19-355, by amending subsection(A) by separating into subsections (B) and (C) and by creating new subsections (A) and (D) through (I), thereby declaring the violation of City Ordinances relating to stopping, standing, or parking to be civil offenses; prescribing civil fines and other civil penalties; authorizing the City Manager to appoint hearing officer(s); providing for administrative appeal to municipal court; providing for the amount and disposition of civil fines, costs, and fees; and authorizing the Municipal Court to collect an administrative appeal cost for each offense appealed to Municipal Court, and to provide for severability, publication and effective date. 2009-O-174 Amending
the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional
Use Permit for a ballroom with alcohol sales on Lot 3, Block 2, Junction Park
at Loop 20 Subdivision, located at 804 Los Presidentes Avenue; providing for
publication and effective date. 2009-O-175 Amending
the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 12, Block
1851, Eastern Division, and 7,716.73 square feet out of Canada Avenue,
located at 3002 Clark Boulevard, from R-3 (Mixed Residential District) to B-1
(Limited Commercial District); providing for publication and effective date. 2009-O-176 Amending the Zoning Ordinance (Map) of the City of
Laredo by rezoning Tract 17, D-5 Acres, located at 7092 Los Nietos Street,
from R-1 (Single Family Residential District) to R-3 (Mixed Residential District);
providing for publication and effective date. 2009-O-177 Amending
Ordinance No. 2009-O-050 authorizing the issuance of a Special Use Permit for
a flea market on Lot 1, Block 1, Ervin Farm, located at 4210 S Highway 83, by
amending the provisions; providing for publication and effective date. 2009-O-178 Amending the Zoning Ordinance (Map) of the City of
Laredo by rezoning Lots 16-22, Block 1, Santa Fe Subdivision, Unit XII,
located at 4517, 4519, 4521, 4523, 4525, 4527, and 4529 Vanessita Court, from
B-3 (Community Business District) to R-1MH (Single Family Manufactured
Housing District); providing for publication and effective date. 2009-O-179 Amending the Zoning Ordinance (Map) of the City of
Laredo by authorizing a Special Use Permit for the storage of flammable and
explosive products on Lot 1, Block 1, United Independent School District
Central Administration Complex Plat, located at 501 Eden Lane; providing for
publication and effective date. 2009-O-180 Amending
the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1, 2, 8, 9,
and 10, Block 28, Western Division, located at 1 S Main Avenue, from AG
(Agricultural District) to B-3 (Community Business District); providing for
publication and effective date. X.
RESOLUTIONS
10. 2009-R-115 Accepting the donation of a tract of land for one (1)
utility easement from Esther Martinez, Olga Veronica Martinez, Julio
Martinez, Jr., Homero Martinez and Rolando Martinez, for the Pueblo Nuevo
Subdivision Easement Acquisition Project; said 0.1020 acre tract, more or
less out of Lot 4, Block 19, Pueblo Nuevo Subdivision, recorded in Volume 5,
Page 19, Map Records, Webb County, Texas, more particularly described by
metes and bounds and a survey; hereto, attached as Exhibits “A” and “B”. (Approved
by Operations Committee) 11. 2009-R-117 Adopting the City of Laredo Pre Disaster Mitigation
(PDM) Plan for the purpose of assisting in identifying and analyzing the
various hazards that may occur in our community and organizing the different
strategies that will help in making the City of Laredo more disaster
resistant by reducing or eliminating the long term risk of loss of life and
property damage from the full range of natural disasters or significant
emergencies. The State of Texas Governor’s
Division of Emergency Management and the Federal Emergency Management Agency
(FEMA) have both reviewed and approved the plan contingent on adoption of the
City Council, Adopting the City of Laredo Pre Disaster Mitigation.
Exhibit A as attached hereto. XI.
MOTIONS 12. Consideration to award a contract to Gulf Coast Emergency
Vehicles, Houston, Texas in the amount of $456,393.00 through the Houston
Galveston Area Council Government (H-GAC) cooperative purchasing program, for
the purchase of two (2) replacement ambulance trucks. One ambulance will be assigned to Fire
Station No. 11 and the other truck will be a reserve ambulance. Funding is available from 2009 Contractual
Obligation Bond Proceeds, 2009 PPFCO.
(Approved by the Finance Committee) 13. Consideration to exercise the purchase option for
contract FY09-089 awarded to the low bidder, Gulf Coast Emergency Vehicles,
Houston, Texas in the amount of $772,142.00 for the purchase of two (2) fire
custom rescue fire fighting vehicles (engine pumper trucks). These replacement trucks will be assigned
to Fire Stations No. 2 and 10. Funding
is available from 2009 Contractual Obligation Bond Proceeds, 2009 PPFCO. (Approved
by Finance Committee) 14. Consideration for approval of Change Order #4 in the
amount of $202,093.25 to Jimmy Closner Construction Co., Inc. for the project
on Mines Road Colonias Water Distribution Systems Work Order #1 and is
subject to the approval of the Texas Water Development Board. This change order consists on the lowering
existing services for the Pueblo Nuevo Data Matic System and to reflect the
quantities constructed until now. The
construction contract time is extended for an additional 90 calendar
days. The revised contract amount is
$2,534,916.50. The new construction
time including this change order will be 595 calendar days. Funding is available in the Colonias
Project Fund. (Approved by Finance Committee) 15. Consideration for approval of Change Order #2 in the
amount of $14,265.00 to QROMEX Construction Co., Inc. Granite Shoals, Work
Order #2 Water Distribution and Wastewater Collection for Pueblo Nuevo
Improvements Project, subject to the approval of the Texas Water Development
Board. This change order consists of
construction improvements to provide electrical services for two (2) Lift
Stations, located on Paredes Street and the other on Main Street. The revised contract amount is
$2,584,984.89. Funding is available in
the Colonias Fund. (Approved by Operations & Finance Committees) 16. Consideration for approval of amendment No. 1 an increase
of $186,000.00 to the professional services contract with FQR Architects,
Inc., Laredo, Texas, for the James and Maria Luisa Haynes Health and Wellness
Center for the design and preparation of the construction bid documents to
include additional facilities including racquetball courts, restrooms,
mechanical and storage areas, additional landscaping, tennis courts, walkways,
jogging track, and swimming pool.
Current engineering contract amount including this amendment No. 1 is
$1,096,208.00. Funding is available in
the 2008 and 2009 C.O. Issues. (Approved by Operations
& Finance Committees)
17. Consideration for approval to
award a professional services contract to Design Group International, Laredo,
Texas, in an amount not to exceed $90,000.00 to provide feasibility
study and design services for the roof replacement of the old Santo Nino Library to include new
roofing, steel roof structure, foundation modifications if needed, exterior
painting and non-structural repairs, new a/c and ducts lighting and plumbing
fixtures, electrical panels and wall wiring, new finishes as required and all
in compliance with ADA requirements.
Design work is to be done on a fast track basis. Funding is available in the 2006 C.O.
Issue. (Approved by Operations & Finance Committees) 18. Consideration for approval of amendment No. 2 to Howland
Engineering and Surveying Co. in the amount of $8,500.00 for updating design
and construction plans and specifications of the 24” Water Transmission Line
from Mary Help of Christian Booster Station to International Boulevard along
Michigan Avenue to meet Texas Water Development Board/ American Recovery
& Reinvestment Act requirements.
The revised contract amount is $150,400.00. Funding is be available in the 2008 Utility
Bond. (Approved by Operations & Finance Committees) 19. Consideration for approval to award a construction
contract to the lowest bidder ALC Construction, Inc., Laredo, Texas, in the
base bid amount of $320,484.25 for the Sidewalk City-Wide Project No. 38 (50
Blocks) – District VIII. Construction
contract time is ninety (90) working days.
Funding is available in the 2009 C.O. Bond. (Approved
by Operations Committee; however, item tabled by Finance Committee pending
additional information and a review by the City Attorney.) 20. Consideration to authorize the City Manager to place work
orders with several creative services providers during Fiscal Year 2009-2010
for the design and production of advertisements and marketing images to
promote Laredo as a destination. The
total amount is not to exceed $30,850.00.
Funding is available in the CVB Marketing Division Budget. (Approved
by Operations & Finance Committees) 21. Consideration to award the contract to Antares
Development Corporation, San Antonio, Texas, in the amount of $552,900.00,
utilizing the BuyBoard cooperative purchasing program contract award #225-06,
to automate, archive, and steamline the data system operations to improve the
environmental health services mobile business processes, food permits,
inspections and animal control field operations, for phase III of the Data
Management Infrastructure Project for the City of Laredo Health
Department. Funding is available in
the Health Department Operational budget and the stimulus grant. (Approved
by Operations & Finance Committees) 22. Authorizing the City Manager to enter into a (1) one-year
service agreement with SunGard Public Sector, Lake Mary, FL, in the amount of
$133,240.00. The service agreement is
for software enhancements and maintenance on the financial applications
residing on the City’s IBM iSeries computer system for the period of October
1, 2009 through September 30, 2010.
Funding is available in the Information Technology Fund. (Approved
by Finance Committee) 23. Approval of Change Order #1 for a credit of $564.00 and
consideration for acceptance, final payment and release of retainage in the
amount of $50,586.80 to Qromex Construction Granite Shoals, Texas. Funding is available in the 2007 & 2008
Sewer Bonds. (Approved by Operations & Finance Committees) 24. Authorizing the City Manager to approve payment from the
City’s Arena Renewal and Replacement Account for the purchase of chair parts,
trane chiller and electrical water heater in the total amount not to exceed
$66,000.00. Funding is available under
the Sports and Community Venue Fund. (Approved by Finance
Committee) 25. Consideration to authorize a Construction Agreement with
AEP, Laredo, Texas, in the estimated amount of $90,017.42 for the
installation of street lights and transformer, and relocation of a pull box
for the Bartlett Avenue Extension Project in Laredo, Texas. Funding is available from 2006 Certificates
of Obligation bond proceeds. (Approved by Operations & Finance
Committees) 26. Consideration to award one (1) year contracts to: 1) VF Imagewear Inc., Houston, Texas in the
estimated amount of $50,000.00 through the State of Texas- Texas Multiple
Award Schedule (TXMAS) cooperative purchasing program for the purchase of
industrial uniforms and; 2) G&K Services, San Antonio, Texas in the
estimated amount of $25,000.00 through the Buyboard cooperative purchasing
program for the purchase of industrial uniforms. Funding is available in the various department budgets.
(Approved by Finance Committee) 27. Authorizing the City Manager to
award a contract with Dannenbaum Engineering in the amount of $294,012.00 for
the preliminary engineering design phase and feasibility study of the Rio
Grande Low Water Weir Project funded by the International Boundary and Water
Commission for the development of a weir along the Rio Grande River, said
weir being constructed primarily for water storage, conservation, generating
hydroelectric power and providing recreational opportunities for citizens of
both the U.S. and Mexico; the United States International Boundary Water
Commission (USIBWC) and City of Nuevo Laredo proposes to cost share in this
study in an amount of $250,000.00 and
$50,000.00 respectively. (Approved
by Operations & Finance Committees) XII.
GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS 28. a. A.
Request by Mayor Raul G. Salinas 1.
Report on the status of
the Civil Service Ordinance, with possible action. B. Request by Council Member Dr. Michael
Landeck 1.
Discussion with possible action regarding all issues concerning the
completion of construction and repairs to the Santa Rita Park. C. Request by Council Member Juan Narvaez 1.
Update and with
possible action on juvenile delinquency concerns discussed at a recent forum
attended by various local officials, members of several law enforcement
agencies, and community organizations. (Co-sponsored by Mayor Raul
G. Salinas) 2.
Status report with possible
action on the enforcement of city ordinance(s) regarding solicitations for
alms (“pan handling”) by groups and individuals on City streets and
right-of-ways. D. Request by Council Member Gene Belmares 1.
Discussion with
possible action on drafting a resolution in support for Kansas City Southern
Railroad East Laredo Bypass Loop, a $4,000,000 plus investment. (Co-sponsored by Cm. Landeck) 2.
Discussion with
possible action on drainage improvements on Forest Loop. E. Request by Council Member Jose A.
Valdez, Jr. 1.
Discussion with
possible action to create a local City of Laredo builder’s registry program similar
to the Texas Residential Construction Commission (TRCC). 2.
Discussion with
possible action regarding all District VII park projects. F. Request by Council Member Cynthia
Liendo Espinoza 1. Discussion
with possible action on opening negotiations with
property owners around the proposed convention center site. 2. Discussion
with possible action to consider the use of Hotel/Motel funds for the Rio Fest. (Co-sponsored by Cm.
Gene
Belmares XIII. STAFF
REPORTS 29. Staff report with possible action for allocating a
maximum of three thousand dollars ($3,000.00) for the purchase of ceremonial
armaments for the Veteran’s Color Guard to provide appropriate military
funeral decorum (21 gun salute) for all Laredo veterans. XIV. EXECUTIVE SESSION The City Council hereby
reserves the right to go into executive session at any time during this
public meeting, if such is requested by the City Attorney or other legal
counsel for the City, pursuant to his or her duty under Section 551.071(2) of
the Government Code, to consult privately with his or her client on an item
on the agenda, or on a matter arising out of such item. XV.
RECESS AS THE
LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION 30.
Consideration to award contract FY09-092 to Freddy Insulation Inc.,
Laredo, Texas in the amount of $78,236.80 for the installation of loose fill
fiberglass insulation for 144 units at the Jose Flores duplexes. Funding is available from the AEP Weatherization
Grant Program in the Municipal Housing Budget. (Approved by
Operations & Finance Committees) 31.
Consideration to award contract FY09-093 to DeHoyos Air Conditioning,
Laredo, TX in the amount of $473,412.00 for the installation of 145 complete
central air conditioning and heating units at the Jose Flores Duplexes. Funding is available from the AEP Texas
Central Low Income Weatherization Program grant.
(Approved by the Operations Committee; however, the Finance Committee
recommended additional review with a presentation to the entire City Council)
XVI.
RECESS AS THE
LAREDO MUNICIPAL HOUSING CORPORATION AND CONVENE AS THE LAREDO MASS TRANSIT
BOARD 32. Authorizing the City Manager to accept and execute the
Texas Department of Transportation (TXDOT), Section 5317, New Freedom (NF)
Project Grant Agreement #51022F7072 in the amount of $218,624.00 with a local
match of $54,656.00, for a grant total of $273,280.00; and to amend the FY
2009-2010 Transit Capital Grants Budget by appropriating the same amount for
the purchase of Americans with Disabilities Act (ADA) vehicle equipment (as
amended.) (Approved by Operations & Finance Committees) 33. Authorizing the City Manager to accept and execute the
Federal Transit Administration (FTA) Grant TX-04-0047, Section 5309, in the
amount of $714,000.00 with a local match of $178,500.00, for a total grant
budget of $892,500.00; and to amend the FY 2008-2009 Transit Capital Grants
Budget in the amount of $892,500.00 to be used for the Transit
“Administrative/ Operational/ Maintenance Facility”. (Approved
by Operations & Finance Committees) XVII. ADJOURN
AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND
ADJOURN This notice was posted
at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient
and readily accessible to the public at all times.
Said notice was posted on Wednesday, September 30, 2009 at 6:45 p.m.
__________________________
Gustavo Guevara, Jr. City Secretary |
